TERMS AND CONDITIONS
Last updated September 23, 2026
If you (the “Customer”) contract Grumps Pumps and Septic LLC (“GPS”) for any service, the following terms and conditions shall apply:
SITE VISIT and DIAGNOSIS FEE: Please be advised that there is a minimum diagnosis fee of $250.00 for each site visit. A non-refundable deposit of $250 is due upon arrival. The full diagnosis fee will be applied toward the cost of repairs made by GPS within 30 days of the diagnosis.
UNDERGROUND EXCAVATION: Customer is aware that GPS may need to access plumbing beneath the yard turf. When digging on your property, GPS takes all necessary precautions to ensure that we are not disturbing public utilities such as electrical, gas, internet, telecommunications, power, sewer, etc. This is done through a locate request with Georgia 811. If you have irrigation or other accessory utilities, please mark their locations using spray paint or flags. GPS is not responsible for damages to underground sprinkler systems or utilities located over the septic system. In accordance with Georgia code, nothing is supposed to be located on top of the septic tank including, but not limited to, stones, mulch, pipes, wood, or cement. GPS is not responsible for any unseen objects on or under the ground that are damaged due to the weight of the equipment in the work area or path to the work area.
LANDSCAPING: Dirt that is excavated is later backfilled into the excavated area to a rough grade only. If there is a shortage of backfill materials, Customer is responsible for filling with additional dirt. GPS will not provide additional dirt, grass seed, straw or other landscaping services. GPS will not replant plants or shrubs. GPS is not responsible for backfilled materials that settle or erode due to rain or drainage.
Our equipment is designed for construction work and may damage grass, concrete and other surfaces in the process of completing the job. Tracks, ruts, uneven finishes may occur during the process of the job. GPS does not possess the tools or training to provide landscape finishing and is not responsible for making any repairs thereof. GPS is not responsible for damaged or cracked driveways.
If fencing, landscaping, or other objects are required to be moved to access the work area, Customer shall contact a contractor who specializes in such removal and re-installation. GPS may remove small areas of concrete to access the work area. Unless clearly stated in the estimate provided, the replacement of objects or concrete removed are not included in GPS’s services.
ESTIMATE FOR SERVICES: GPS will inspect the site and provide you with a job estimate for the services that are anticipated to be required. Pricing estimates provided by our office are intended as budgetary figures only and GPS is not obligated to honor these prices until a technician has assessed the issue on-site. Many, but not all, services are provided under a fixed-rate pricing model, which is based on the average time needed to complete each task.
Due to the nature of this type of work, estimates for our services are subject to further inspection and pricing is subject to change. On the day repairs are provided, should technicians encounter unforeseen issues that necessitate additional labor, materials, or equipment to complete the job, extra fees will be applied to address those circumstances. Please note that if pricing changes when the technician is on-site providing services and Customer declines further work, all service fees, including, but not limited to, the diagnosis fee, a $250 digging fee (if applicable), and the costs of services provided, shall apply and payment is to be rendered at this visit.
CUSTOMER TO OBTAIN HOA APPROVAL: Due to the nature of the services contemplated herein, which may include construction activity on the property and the use of large construction vehicles and equipment, approval from the Customer’s HOA or other type of neighborhood governing board (hereinafter referred to as the “HOA”) may be necessary before work can begin. It is the sole responsibility of the Customer to review any applicable rules and covenants, to properly inform their HOA of the work contemplated herein, and to obtain all necessary HOA approvals prior to the start of the services. Any and all fines issued or delays caused by the Customer’s failure to obtain HOA approval shall be the sole responsibility of the Customer. GPS shall not be held responsible, and Customer agrees to hold GPS harmless, for any such fees and delays.
PAYMENT TERMS: GPS requires 50% of the total estimate price for its services to be paid prior to installation and before breaking ground. This deposit is due in full prior to the commencement of labor, material, and/or equipment. Final payment of the remaining 50% of the total estimate price, plus any additional charges required during the rendering of services, is due upon substantial completion of the services and before final covering of the work.
Payment can be made by cash, check, Zelle, or credit card. Credit card payments are subject to a 3.3% processing fee. Any balance that remains unpaid for fifteen (15) days after services are provided is subject to monthly interest charges of 1.5% until paid in full. These fees are non-negotiable. Accounts aging over 60 days past due will be turned over to collections in accordance with our collections policy stated below. If Customer’s check does not clear, Customer shall be liable for the full-face value of the check, bank fees incurred by GPS, and all legal costs, if applicable. GPS owns all materials, parts or fixtures installed at the Customer’s property until payment has been made in full. GPS reserves the right to remove said materials, parts, or fixtures if payment is not received within 60 days of work completion.
RESPONSIBILITY OF PAYMENT: The individual requesting services from GPS, as well as the property owner, are at all times responsible for the payment of GPS’s services, without exception. If the individual requesting services does not own the property at issue, it is the individual’s responsibility to provide GPS with the owner’s information or their landlord’s information. The owner’s/landlord’s approval of work is required prior to commencement of work.
COLLECTION COSTS: Customer agrees that they shall pay all expenses incurred by GPS for the collection of any delinquent accounts including, but not limited to, all reasonable attorneys’ fees, filing fees, and costs.
WORKMANSHIP WARRANTY: GPS warrants that its work will be performed in a professional and workmanlike manner and that its workmanship shall be free from defects for a period of 365 days from the date services are concluded. GPS makes no warranty as to the third party equipment installed and will assign any appliable warranty for said equipment to the Customer. GPS will assist the Customer with a manufacturer’s warranty, but additional labor fees may apply. THIS WARRANTY IS VOID IF: (a) Customer fails to pay for GPS’s services in full within ten (10) days of GPS’s completion of the services; (b) Customer fails to notify GPS of the warranty issue within ten (10) days of first knowledge of the alleged defect and within the one (1) year warranty period; (c) Customer refuses recommended services deemed necessary by GPS; (d) GPS’s work has been modified or altered by someone other than GPS; or (e) GPS’s work has been subject to accident, misuse, abuse, or damaged by weather, or equipment defects.
Customer’s exclusive remedy under this workmanship warranty shall be limited to, at GPS’s sole option, repair of the defect or refund of amounts paid by Customer for said service. GPS must be permitted to inspect all warranty issues before any repair is made. This warranty is not transferable by Customer.
WARRANTY EXCLUSIONS: THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM GPS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
SEPTIC TANKS: Concrete deteriorates through many forms such as scaling, disintegration, erosion, corrosion of reinforcement, delamination, spalling, alkali-aggregate reaction, and cracking. GPS takes all reasonable precautions during the process, but in the event that an older concrete tank or lid is damaged during services provided hereunder, GPS is not responsible for repairs.
EXISTING SEWER LINES AND WATER DAMAGE: GPS provides no warranty on services performed on existing sewer lines. Technicians follow standard procedures to clear sewer from blockage and to look for clues that may indicate larger issues than a typical blockage. Without performing a proper camera inspection, technicians may not determine any definitive cause of blockage. Sewer lines that cannot be unstopped after reasonable effort will still incur standard labor and equipment charges for all work performed. GPS also assumes no liability for damages caused by water or other substances due to the overflow of a drain.
LIMITATIONS ON LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GPS’ SOLE LIABILITY IS EXPRESSLY LIMITED TO, AND SHALL IN NO EVENT EXCEED, THE AMOUNTS RECEIVED BY GPS UNDER THE APPLICABLE JOB ESTIMATE. In no event shall GPS be liable for any indirect, special, punitive, incidental or consequential damages of any kind or nature whatsoever arising out of or relating to its services, including, without limitation, lost profits, lost goodwill, work stoppage or impairment or loss of other goods, software or data, and whether arising out of any breach of warranty, breach of contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damage or if such damage could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any exclusive remedy provided herein. GPS shall not be responsible for damages caused by mold.
RESTRICTION OF THE PERIOD LIMITATION OF ACTION: Any legal action against GPS arising out of its services or breach thereof shall be commenced within one (1) year from the date of the work.
UNFORSEEN DIFFICULTY CLAUSE: Certain tasks may not always be straight forward and certain repairs may not always be possible. Additional parts and labor may be necessary and shall be charged in addition to the estimated price. Fixtures may be outdated or branding unknown and parts cannot be found for repairs. When digging, if rock, concrete, etc. are found underneath the surface that require more time and/or disposal to remove, additional charges may apply. If underground utilities, public or private, are found to be on top of the area that needs repair, the Customer is responsible for having those utilities moved for access. If a Customer gives technician permission to move or remove said utility and utility is damaged, GPS is not responsible for damages or repairs. If Customer provides the soil report and this report is determined, after services begin, to be inaccurate, Customer may be charged a $1,500 Delay of Job fee to enable GPS to remove its equipment and reassess the services needed.
SECURITY INTEREST: GPS retains a purchase money security interest under the Uniform Commercial Code as enacted in the State of Georgia in goods sold to Customer until payment in full has been made. In the event of default by Customer, GPS shall have all the rights and remedies of a secured creditor under Georgia U.C.C. provisions. Customer agrees to execute financing statements and other documents as GPS may request in order to perfect GPS’s security interest.
TERMINATION BY GPS: If Customer fails to pay GPS when payment is due, or if Customer does not allow GPS to install equipment in a timely manner, GPS may, at its sole discretion, immediately cease work until receipt of all past due amounts or cure of any breach. If Customer refuses to cure the default or correct the breach within ten (10) days of a written emailed notice of default, GPS may elect to immediately terminate its services and Customer shall be responsible to pay Contractor for: (a) the cost of all services performed, in whole or in part, up to and through the date of termination; (b) all materials and equipment delivered to Customer up to and through the date of termination; (c) all non-cancelable, non-refundable materials ordered up to and through the date of termination; and (d) all demobilization costs, including overhead, through the date of termination.
SUBCONTRACTING: Nothing herein shall prohibit GPS from subcontracting some or all of the services.
NON-WAIVER: The failure by either party to require strict compliance or performance by the other to any provision of the job estimate or these terms and conditions shall not constitute a waiver of such provision and shall not affect or impair its right at any time to enforce said provisions or to avail itself of related remedies.
SEVERABILITY: If any provision of the job estimate or these terms and conditions is judged to be invalid or unenforceable, the defective provision shall first be revised, limited or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions shall be unaffected and shall remain enforceable.
FORCE MAJEURE: Neither party shall be liable for any failure to perform its obligations described in the job estimate or these terms and conditions if such failure is the result of any act of nature, riot, war, strike, flood, earthquake, pandemic, or other cause beyond the party’s reasonable control. Force Majeure does not exclude failure caused by a party’s financial condition or negligence.
INDEMNITY: Customer shall indemnify, defend, and hold harmless, GPS and its agents, employees, or subcontractors, from and against claims, damages, losses, and expenses, including reasonable attorneys’ fees, for bodily injury and property damage to the extent caused by the willful or negligent acts or omissions of Customer.
NOT CONSTRUED AGAINST THE DRAFTER: The parties acknowledge that these terms and conditions have been fully reviewed and negotiated by the parties and, if an ambiguity is found, such ambiguity shall not be construed against the drafter.
Governing Law and Venue: The parties agree that, notwithstanding any potential conflicts of law, the job estimate and these terms and conditions are governed by the laws of the State of Georgia and that all disputes shall be brought exclusively in the courts of Forsyth County, Georgia. It is further agreed that if a dispute shall arise between GPS and Customer regarding GPS’ services, the prevailing party shall be awarded its costs of collection, costs of litigation, as well as reasonable attorneys’ fees and expenses.
NOTICE TO CUSTOMER: GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.
SURVIVAL: The parties acknowledge that rights and obligations under any provision of this contract which may reasonably be construed to continue beyond the termination of the contract shall survive termination, whether or not the provision expressly provides for survival.
NON-WAIVER: The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this contract.
ENTIRE AGREEMENT: The job estimate and these terms and conditions constitute the entire agreement between the parties hereto relating to the services provided by GPS and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. These terms and conditions shall further supersede all pre-printed terms and conditions contained in any purchase order or other business form submitted hereafter by Customer. These terms and conditions may not be changed or amended except by a writing executed by the duly authorized representatives of both parties. Neither party has the power to alter the job estimate or these terms and conditions verbally.
